GA - Rapper Young + others indicted on RICO & other charges, May 2022. Trial ongoing April 2023, interruptions, lawyer arrested. Fulton County. #2

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@JozsefPapp_

Apparently someone took a picture of Gaither on the witness stand and posted it on social media.


Judge Whitaker is now having people in the courtroom coming up and telling Whitaker if they took the picture.


After looking for the picture (which I won’t share on here), it appears it was taken from the zoom in the courtroom.Only certain people, including members of the media with a Rule 22, can have cellphones and/or cameras inside the courtroom.
 
So here is how the livestream works: when they are showing something on the screen, to be able to see it on the stream, the camera person presses a button on a control box and changes the feed from the camera to the Zoom to be able to look at the evidence.


Based on what some people have said, it appears that the camera person did that to show the interview, but the state, who was sharing the interview on zoom, briefly stopped sharing the interview so the two zoom screens were shown for a couple of seconds on the stream.


During those few seconds, someone appears to have taken the screenshot and shared it on social media.I understand we all would rather have Gaither on camera but this screenshot doesn’t help any of us covering this trial and causes more problems than solutions.


Whitaker just explained exactly what happened, which is what I explained in previous tweets."Thanks to all of the media people, y'all are still good," Whitaker told the media.


Whitaker said the solution will be just to turn off the zoom camera whenever there is a witness that should not be shown on camera so it doesn't happen again.


Whitaker also acknowledge that with Gaither, it's not that big of a problem, considering she has been on TV.


Whitaker tells Love that their next witness is needed for another trial in Cobb County but could be released by 10 a.m.Love is not happy and tells Whitaker that they can't bring back Sprinkle because they need the other two witnesses first.


Whitaker doesn't think it will be a problem considering how long every witness takes in the case.


Court is done and will resume at 8:45 a.m.

@JozsefPapp_
 
@JozsefPapp_

Former Det. Gaither should be done with her testimony today.Love has moved on for a bit about playing the Zachary interviews but asked Gaither whether she recalls some stuff from 2015, which she testified she does.

Gaither testified that she wasn’t really involved in the Lil Wayne bus shooting incident, that Detective Dennis was the one more involved in that incident.

Attorney Max Schardt has a motion for mistrial based on some of Gaither’s testimony after she said Zachary came in to those interviews to give “truthful information”Love once again objects to a mistrial. Gaither is being called sergeant but she’s not in law enforcement anymore.

Whitaker said she will deny the motion for mistrial but will give instruction to Gaither and the jury when she returns.
 
Whitaker told the jury to disregard Gaither’s testimony about the truthfulness of Zachary’s statements, calling it “frankly inappropriate”.

Gaithers testified that she left her case file with the Atlanta Police Department.


Whitaker sent the jury to lunch after Love tried to introduce the Gaither case file.It seems defense attorneys had not seen the case file. Love claims that they serve the file but is trying to figure out when they accessed the file.

Whitaker is asking Love to put the case file back together so the defense attorneys can look at the case file.


Love claims to remember seeing someone's handwriting in a picture and as she was looking for that, she found Gaither's case file. "I didn't know whose file it was and, in fact, I sent a text message to detective Dennis, on a particular date, asking whose writing this is,” Love


Love is rambling and not telling the court when she had the file and served it to the defense. She claimed to have served it in 2022 but then said they are still confirming when they served it to the defense.


Schardt is arguing that they were told the file was lost because of a hack but claimed the state found the file and didn't tell anyone about it.


Love said 8/02/2022 is the date the contents of that case file was served to the defense as part of discovery.


Attorneys are looking through the case file. Love said she didn't find out that this was Gaither's case file until this week. Love makes sure to clear up that she wasn't trying to conceal anything from the defense.


Whitaker suggested to Love that it would have been nice to disclose to the defense once she discovered that the case file belonged to Gaither, but seems like Love didn't like that suggestion.


"We've got to streamline this case more. We are just going to have to figure out a faster way to get to what it is that you want from each witness," Whitaker said, bringing up that in federal court they might limit a witness to an hour.


"We'll talk about the witness list next week," Whitaker tells Love, after she claimed they were going to be done with Gaither by 10 a.m. today and they haven't even started cross-examination.
 
"The issue is how long she is on the stand testifying and how long every witness is on the stand testifying and how many witnesses there are in this case, it's just a lot," Whitaker said.

Whitaker seems to be considering implementing that federal court rule that limits witnesses time on the stand but Love asks whether is the same for both sides and reminds her that they have the burden of proof."I understand that, which is why I haven't done it yet," judge said.


"That seems to happen a lot that detectives leave and they don't have access (to their files) and then for some reason the DA's office who would have access doesn't seem to be able to get it," Whitaker said about case files from retired law enforcement.

 
Catching up since I had to step out for a bit, it appears the documents were actually copies of Gaither’s original file, since they would only send copies to the DA’s whenever they needed case files.


Attorney Doug Weinstein was the first to cross examine Gaither asking her mostly about a portion of the Zachary interrogation in which he said Deamonte Kendrick told him about the Donovan Thomas murder but Gaither didn’t follow-up after Zachary didn’t say why Kendrick told him.

Attorney Max Schardt was next. He began asking questions about the case files with the copies of the original report (also with other stuff) but the state objected to a number of his questions, Whitaker called a brief bench conference and Schardt moved on to the Zachary interview


Most of Schardt’s questions prompted an objection from Love so his questioning it’s hard to follow at times.Schardt wanted to play portions of the interview but since Love already played it, she is objecting to the replaying of it as to not waste the jury’s time.


It got to the point that Whitaker excused the jury and Gaither so they can clarify one of Schardt’s question.Then she took a break and said she hopes they can get through Gaither today.


Schardt’s cross examination ended with Gaither not really answering many of the questions and hard to follow along because of multiple objections from the state.


Young ’s attorney Brian Steel is now questioning Gaither.



As the court takes a break, Young ’s attorney Keith Adams is asking the state and Gaither to be mindful about the things they say in front of the jury.Schardt claims that Gaither said “horrible” after he was done with his cross.



Love said she has no idea what Adams is talking about.Whitaker seems to have decided not to advise Gaither because if she wants to make derogatory comments, it’s a poor reflection on her.


Both Adams and Schardt said they are lucky that the trial is being televised because they are able to hear some of the remarks said off mic and see how Love sometimes makes facial gestures in front of the jury.

 
Steel is asking questions about Gaither’s investigation including whether she obtained cell phone records of Young , but Gaither appears to either not have conducted a great investigation or doesn’t feel like answering defense attorneys’ questions.


Love doesn’t want to use the mic because she believe the stream picks up all their conversations, which only happens when they leave the mic on.


Gaither is done with her testimony and now FBI Agent James Bernie has been called to the stand to begin his testimony.


Bernie had to be qualified as a phone records expert before he started to get asked questions about the case.


Court is done for the day after going until 5:40 p.m. todayNo court until next Wednesday for a motions hearings, so no jury then.


 

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